Chief recommends license suspension

SWANSEA — The Board of Selectmen heard testimony of incidents at the Happy Clam on Ocean Grove Avenue and planned to review the evidence further before making a decision.

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By BILL HALL

southcoasttoday.com

By BILL HALL

Posted Mar. 13, 2013 at 12:56 PM

By BILL HALL
Posted Mar. 13, 2013 at 12:56 PM

» Social News

SWANSEA — The Board of Selectmen heard testimony of incidents at the Happy Clam on Ocean Grove Avenue and planned to review the evidence further before making a decision.

Police Chief George Arruda is recommending a three- day suspension of the establishment's liquor license following four incidents involving assaults in or near the business.

The bar manager and three bartenders attended the meeting to present their side of the story, pointing out that the four incidents in three weeks was not indicative of what happens at the establishment and that all of those involved have been banned. One person was involved in two of the incidents.

Chief Arruda gave an overview of the four incidents, pointing out that the police department was not notified of any of the incidents by the establishment as required by law. Instead, he noted, the incidents were called in by patrons or victims. The first incident took place on Jan. 6 when police were called at 1:29 a.m. by a subject who said he was involved in an altercation at the Happy Clam. The chief did not use names of victims or alleged assailants during his review of the incidents. The caller noted that he had hit another person with a cue stick while playing pool at the Happy Clam. Police went to the victim who refused to cooperate despite showing signs of a wound and swelling of the eye and left side of the head. The second incident took place on Jan. 18 at just after 7 p.m. when there was a report of a fight at the establishment and the victim suffered bloody nose. The bartender, Sheila Dutra, and bar manager, Joanne Britland, noted that, in the first incident, neither of the men involved wanted to press charges and in the second, the incident took place outside the establishment. On Jan. 19 at 11:31 p.m., police were called about another assault and on Jan. 25 there was another assault with a pool cue stick that resulted in the victim having to go to the hospital for 16 stitches to the head. The chief pointed out that he had been in contact with the Alcohol Beverage Control Commission (ABCC) about the incidents and that the management of the bar did not call the police on any of the incidents. He added that the law notes it is the responsibility of the licensee to contact police when there are incidents in their establishment.

Chief Arruda also said that, in the absence of the owner, the manager and employees are regarded as agents of the owner. Selectman Kenneth Furtado pressed Ms. Britland and Kate Sutherland, who also tends bar at the location, for a reason why no one from the establishment called police. Ms. Britland noted that, in one case, the person was struck outside the establishment, and in another, no one wanted to file charges. She added that all of the people involved have been banned from entering the establishment. Ms. Britland also noted that she was unaware that it was a requirement to call the police.

Mr. Furtado continued to press for a reason, pointing out that there was a pattern of incidents where no one in authority at the bar would call police.

Another bartender, Marc Jean, came forward and explained that there was a fear that if they called the police, the establishment would be brought into a situation similar to what they were facing before the Board of Selectmen that night. Mr. Jean also added that one of the incidents took place just before closing and parties dispersed.

Mr. Furtado thanked Mr. Jean for being honest about why police were not called that he suspected that was the reason. He noted that there were four incidents in a span of three weeks and it appeared that the establishment wanted to "lay low." The chief recommended a three- day suspension for failure to contact police regarding the assaults, including two with a pool stick which "can kill people." Selectman Robert Marquis noted that in fairness to all involved, he would need more time to digest the information from a 16-page report that they received that day. Mr. Furtado agreed that he would like to look into it further.

Chief Arruda pointed out that he only brought the information to the selectmen prior to the hearing so as to not prejudice the case against the Happy Clam.